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(영문) 의정부지방법원 고양지원 2019.05.09 2019고단140
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a passenger car Benz E300.

On November 22, 2018, the Defendant operated the above car on a 05:15th day of the day, and operated the 19th day intersection in the Yongsan-gu Incheon Metropolitan City, Seoyang-gu, Seoyang-si, with the 19th day intersection from the IC bank to the high-sea sports center in the high-sea area, neglected to perform the duty of front-time watch, while neglecting the duty of front-time watch, and shocked the back portion of the DaK5 car operated by the victim C(68 years old) due to occupational negligence, which failed to operate the operation of the system properly, with the front part of the above car.

The Defendant, by the foregoing occupational negligence, immediately stopped the victim E (n, 23 years old), who is the passenger of the victim C and the damaged vehicle, suffered from catitiss, etc. requiring treatment for about two weeks, and injury to the victim F (n, 24 years old), who is the passenger of the victimized vehicle, such as thalvine, requiring treatment for about three weeks, and escaped without taking necessary measures, such as providing relief to the victims, even though it damages the amount equivalent to KRW 3,383,411.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning traffic accident actual condition survey reports, accident site photographs, black images, and diagnostic reports, and vehicle quotations;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the community service order requires approximately two weeks of medical treatment to the victim C and E while driving a vehicle while drinking alcohol, resulting in the victim F requiring approximately three weeks of medical treatment, and the damaged vehicle's repair cost is sufficient to exceed 3.80,000 won.

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